Explain this "Aggravated Assualt" stuff

F

FUD

Moderator
I understand that if I point a firearm at somebody, it's considered "aggravated assualt" and if the gun is not loaded, then it would still be considered "aggravated assualt" Now let's take this a step further, suppose you point a toy gun at somebody ... since it could be mistaken for a real gun, I'm assuming that it would still be considered "aggravated assualt" if the person didn't know it was a toy gun in the same way that a person wouldn't know that a real gun didn't have any bullets in it.

Now, what about pointing your finger at someone in the shape of a gun ... is that also considered "aggravated assualt" since the meaning behind it is the same? What about if I jokingly point my finger at my sister-in-law, or she points her finger as me, (as we frequently do with each other) and that is seen by a LEO. Would that be considered "aggravated assualt"?

I realize that this question might be getting a little silly but some of our laws are also getting a little crazy. Six year old kids were thrown out of school for pointing fingers at each other and a man (who doesn't even own a gun) driving a car was arrested when he joined in the fun with some local children and pointed his finger at them because he was seen as a threat to their safety.

Exactly why is aggravated assualt and where is the line drawn?

Share what you know & learn what you don't
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FUD
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by FUD:
Exactly why is aggravated assualt and where is the line drawn?
[/quote]

I dunno.. but I imagine the line is drawn in the court of law.



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God, Guns and Guts made this country a great country!
 
An assault consists in most states of putting someone in "fear of grave bodily harm." If the person is actually hurt this constitutes "consumation with a battery' thus "assault and battery.
In some states "aggravated assault" means an assult with a deadly weapon. Other states just call it "assult with a deadly weapon."
To be really sure of what it means where you live, you need to check your state laws.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Satanta:
I know one thing...never going out in public again...my penis might point at someone, even thoug it's holstered and I might get busted. ;)
[/quote]

You might have fun when they try to prove it's loaded .



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TOM
SASS AMERICAN LEGION NRA GOA
 
Hand, no - realistic toy, yes. People have been convicted of 1st degree murder when someone died of a heart attack after seeing a toy gun used in a robbery.

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Tonkin Gulf Yacht Club
68-70
 
Here comes the reasonable man. I don't know who this guy is but he keeps popping up in a whole bunch of legal precedents.

If a person has a reasonable belief that they are in imminent danger of death or serious injury and the intent of the other party was to cause that fear, it's safe to say that an aggravated assault has occurred. A finger wouldn't qualify because no reasonable person would be afraid of a single finger (unless it is wrapped in a latex glove, cough, please). A realistic toy gun could be reasonably construed as a serious threat and so could constitute an aggravated assault.

I'm curious to see what Florida's 10-20-Life sentencing rules have to say about counterfiet guns. Do they qualify as "real" guns for sentencing purposes?

For those who don't know what 10-20-Life is:

Have a gun in your possession during the commission of a violent crime- 10 years

Fire that gun- 20 years

Injure someone- Life

These are mandatory sentences.
 
Aggravated assault? Easy. Somebody assaults me, I get aggravated. :D

(TBeck - I thought door number three was actually 25-Life. Am I wrong?)

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"...and he that hath no sword, let him sell his garment, and buy one."
Luke 22:36
"An armed society is a polite society."
Robert Heinlein
"Power corrupts. Absolute power - is kinda cool!"
Fred Reed
 
Could someone define "surreal", as applied to the thread?
I find it distressing that one would take the extreme that a toy gun is dangerous.

I see the next evolution of this. Our LEO and soldiers are going to be issued plastic knockoffs with synthesizers in them to make real-life firearms noises.
 
Donny,

It's not that people believe a toy gun is dangerous. The question is when a toy gun that looks realistic is used during the commission of a crime if that toy gun becomes "real" for the purposes of prosecution.
 
I believe it is important to recognize that the "toy gun thing" cuts both ways:
1) We may be surprised that an individual could be convicted of murder for using a highly realistic toy gun in a felony when an innocent dies of a heart attack as a result (to cite an extreme example).
2) However, I'd certainly want the highly realistic toy gun to be considered a de facto weapon if someone pointed it at me and I responded with my CCW handgun.
 
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